The Evolution Of Anti-Smoking Laws: Indoor Smoking Bans

Smoking bans are public policies, including criminal laws and occupational safety and health regulations, that prohibit tobacco smoking in certain spaces. The United States Congress has not attempted to enact any type of nationwide federal smoking ban in workplaces and public places, so such policies are entirely a product of state and local laws. In 1995, California was the first state to enact a statewide smoking ban for restaurants.

In the late 20th century and early 21st century, the number of smoking bans around the world increased substantially due to increased knowledge about the health risks of secondhand smoke. In 2007, the Freedom to Breathe Act went into effect, banning smoking statewide in all enclosed workplaces in Minnesota, including public transportation, bars, and restaurants. In 2009, the District of Columbia banned smoking in bars, restaurants, and other public places. In 2010, South Dakota voters passed an amendment to Kansas' 1987 statewide smoking law, banning smoking statewide in all enclosed, indoor workplaces in Kansas. In 2012, Indiana's 1993 statewide Clean Indoor Air Law was repealed and replaced by a new chapter of the Indiana Code titled Prohibition on Smoking. In 2018, Alaska implemented new legislation to prohibit smoking and the use of e-cigarettes in indoor areas of private worksites, restaurants, and bars.

The first US state to enact a statewide smoking ban for restaurants was California in 1995

In 1995, California became the first US state to enact a statewide smoking ban for restaurants. However, this ban did not include bars until 1998.

In the mid-2000s, an increasing number of states began to enact smoking bans. As of July 2018, 29 states have enacted statewide bans on smoking in all enclosed public places, including bars and restaurants. Ten other states have enacted similar bans but with exceptions for certain establishments.

In the early to mid-2000s, an increasing number of states enacted a statewide smoking ban of some kind

By 1986, 41 states and the District of Columbia had statutes that restricted smoking to some extent, but that were not as strong or extensive as most bans currently in place. In 1992, the US Environmental Protection Agency (EPA) released a report that concluded that "environmental tobacco smoke (ETS) in the United States presents a serious and substantial public health impact." It designated ETS as a known human carcinogen and cited other respiratory health effects in the report.

In the late 1990s and early 2000s, some states implemented comprehensive smoking bans that prohibited smoking in most workplaces and all public places, including previously exempted bars and restaurants. California was the first state to enact a statewide smoking ban for restaurants in 1995, and between 2004 and 2007, an increasing number of states enacted a statewide smoking ban of some kind. As of 2018, the most recent statewide smoking ban is Alaska's, which was signed into law on July 18 and went into effect on October 1.

As of 2021, 61.1% of the total US population is covered by 100% smoke-free indoor air policies in bars, restaurants, and worksites. As of June 2024, 29 states, American Samoa, the District of Columbia, Guam, the Marshall Islands, Puerto Rico, and the US Virgin Islands prohibit smoking in bars, and 35 states, American Samoa, the District of Columbia, the Marshall Islands, the Northern Mariana Islands, Puerto Rico, and the US Virgin Islands prohibit smoking in restaurants. Thirty-five states, American Samoa, the District of Columbia, the Marshall Islands, the Northern Mariana Islands, Palau, Puerto Rico, and the US Virgin Islands have 100% smoke-free indoor air laws in both government and private worksites.

As of 2018, the most recent statewide smoking ban is Alaska's

As of 2018, Alaska was the most recent state to implement a smoking ban, which was signed into law on July 18 and came into effect on October 1. The ban prohibits smoking in bars, restaurants, and most businesses statewide, including buses, taxis, and other forms of public transportation. However, there are limited exemptions, such as fishing boats, smoking areas at airports, and food trucks (if only one person is working there). Private clubs are also exempt if they do not serve alcohol and were established before 2017. Additionally, tobacco stores can allow smoking if they have a separate ventilation system or are in their own building, away from other businesses.

Smoking laws vary widely throughout the US

As of July 2018, 29 states had enacted statewide bans on smoking in all enclosed workplaces, including all bars and restaurants. Ten other states have enacted statewide smoking bans but have carved out an exception for certain establishments and workplaces.

Some places in the US do not generally regulate smoking at all, some ban smoking in certain areas and not others, and some ban smoking nearly everywhere, even in outdoor areas. As of October 1, 2021, according to the American Nonsmokers' Rights Foundation, 82.1% of the US population lives under a ban on smoking in "workplaces, and/or restaurants, and/or bars, by either a state, commonwealth, or local law", and 62.3% live under a ban covering all workplaces, restaurants, and bars.

A smoking ban (either state or local) has been enacted covering all bars and restaurants in each of the 60 most populated cities in the US except for Henderson, Jacksonville, Las Vegas, Memphis, Miami, Oklahoma City, Philadelphia, Tampa, Tulsa, and Virginia Beach.

As of October 1, 2021, 82.1% of the US population lives under a ban on smoking in workplaces, and/or restaurants, and/or bars

Smoking bans are public policies that prohibit tobacco smoking in certain spaces. They are often implemented to protect non-smokers from the effects of secondhand smoke, which can include an increased risk of heart disease, cancer, and chronic obstructive pulmonary disease. The United States Congress has not attempted to enact any type of nationwide federal smoking ban in workplaces and public places, so such policies are entirely a product of state and local laws.

As of October 1, 2021, 82.1% of the US population lived under a ban on smoking in "workplaces, and/or restaurants, and/or bars, by either a state, commonwealth, or local law", and 62.3% lived under a ban covering all workplaces, restaurants, and bars.

The first state to enact a statewide smoking ban for restaurants was California in 1995. Throughout the early to mid-2000s, an increasing number of states enacted a statewide smoking ban of some kind. As of 2018, the most recent statewide smoking ban is Alaska's, which was signed into law on July 18 and went into effect on October 1.

The American Nonsmokers' Rights Foundation's U.S. Tobacco Control Laws Database©,1 estimated that 70.2% of the U.S. population was covered by state or local laws banning smoking in “workplaces and/or restaurants and/or bars” as of January 4, 2009.

The Centers for Disease Control and Prevention (CDC) has stated that there is no safe level of secondhand smoke exposure. In the United States, exposure to secondhand smoke causes more than 41,000 deaths among nonsmokers and an estimated $5.6 billion in lost productivity each year.

The process of developing executive orders is not public; orders take effect upon the president's signature, without the scrutiny, comment, or hearings required of most other public policies. For the most part, outsiders are unaware of the internal White House proceedings surrounding the development of executive orders, although presidents may also attempt to legitimize and safeguard their orders with related political maneuvers after a policy change.

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